21.5.

2003 EN Official Journal of the European Union L 125/5

COMMISSION REGULATION (EC) No 872/2003

of 20 May 2003 on special measures derogating from Regulations (EC) No 1371/95, (EC) No 1372/95, (EC) No 800/ 1999 and (EC) No 1291/2000 in the egg and poultrymeat sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4) Commission Regulation (EC) No 1291/2000 (12), as last amended by Regulation (EC) No 325/2003 (13), laysHaving regard to the Treaty establishing the European down common detailed rules for applying the system ofCommunity, import and export licences and advance fixing certifi- cates for agricultural products.

Having regard to Council Regulation (EEC) No 2771/75 of 29

October 1975 on the common organisation of the market in (5) Commission Regulation (EC) No 1371/95 (14), as lasteggs (1), as last amended by Commission Regulation (EC) No amended by Regulation (EC) No 2260/2001 (15), and493/2002 (2), and in particular Article 3(2), Article 8(12) and Commission Regulation (EC) No 1372/95 (16), as lastArticle 15 thereof, amended by Regulation (EC) No 1383/2001 (17), lay down rules for implementing the system of exportHaving regard to Council Regulation (EEC) No 2777/75 of 29 licences in the eggs and poultrymeat sectors, respec-October 1975 on the common organisation of the market in tively.poultrymeat (3), as last amended by Regulation (EC) No 493/2002, and in particular Article 3(2), Article 8(12) and Article15 thereof, (6) The occurrence of cases of avian influenza has led the authorities of certain third countries to take health measures with regard to exports of eggs and poultryWhereas: products from the Netherlands and other Member States. Those measures have seriously affected the financial(1) As a result of the cases of avian influenza have occurred interests of exporters. The situation thus created has in the Netherlands, protective measures have been seriously affected export opportunities under the condi- adopted under Council Directive 90/425/EEC of 26 June tions laid down in Regulations (EC) No 1371/95, (EC) 1990 concerning veterinary and zootechnical checks No 1372/95, (EC) No 800/1999 and (EC) No 1291/ applicable in intra-Community trade in certain live 2000. animals and products with a view to the completion of the internal market (4), as last amended by Directive 2002/33/EC of the European Parliament and of the (7) Those adverse effects should be mitigated by the adop- Council (5), and under Council Directive 2002/99/EC of tion of special measures, in particular the cancellation of 16 December 2002 laying down the animal health rules export licences issued and the extension of certain time governing the production, processing, distribution and limits laid down in Regulations (EC) No 1371/95, (EC) introduction of products of animal origin for human No 1372/95, (EC) No 800/1999 and (EC) No 1291/ consumption (6). The Commission has adopted Decision 2000 relating to certain export operations which could 2003/153/EC of 3 March 2003 concerning protection not be carried out because of the health measures taken. measures in relation to strong suspicion of avian influ- In particular, operators who have already completed enza in the Netherlands (7), as amended by Decision customs export formalities or placed their products 2003/156/EC (8). under customs supervision should be allowed the same benefits as stem from extension of the term of validity of(2) Council Regulation (EEC) No 565/80 (9), as last amended licences by extending the time limit for transport by Commission Regulation No 444/2003 (10), lays down provided for in Regulation (EC) No 800/1999. general rules on the advance payment of export refunds in respect of agricultural products. (8) The special measures provided for in this Regulation should apply only to those operators who can prove, on(3) Commission Regulation (EC) No 800/1999 ( ), as last 11 the basis of the documents referred to in Article 1(2) of amended by Regulation (EC) No 444/2003, lays down Council Regulation (EEC) No 4045/89 (18), as last detailed rules for applying the system of export refunds amended by Regulation (EC) No 2154/2002 (19), that on agricultural products. they were unable to carry out the export operations within the prescribed time limits as a result of the health(1) OJ L 282, 1.11.1975, p. 49. measures taken to combat avian influenza.(2) OJ L 77, 20.3.2002, p. 7.(3) OJ L 282, 1.11.1975, p. 77.(4) OJ L 224, 18.8.1990, p. 29. (12) OJ L 152, 24.6.2000, p. 1.(5) OJ L 315, 19.11.2002, p. 14. (13) OJ L 47, 21.2.2003, p. 21.(6) OJ L 18, 23.1.2003, p. 11. (14) OJ L 133, 17.6.1995, p. 16.(7) OJ L 59, 4.3.2003, p. 32. (15) OJ L 305, 22.11.2001, p. 11.(8) OJ L 64, 7.3.2003, p. 36. (16) OJ L 133, 17.6.1995, p. 26.(9) OJ L 62, 7.3.1980, p. 5. (17) OJ L 186, 7.7.2001, p. 26.(10) OJ L 67, 12.3.2003, p. 3. (18) OJ L 388, 30.12.1989, p. 18.(11) OJ L 102, 17.4.1999, p. 11. (19) OJ L 328, 5.12.2002, p. 4.L 125/6 EN Official Journal of the European Union 21.5.2003

(9) In view of the speed at which the situation is evolving, — which had been placed under one of the customs control this Regulation must enter into force immediately. procedures referred to in Articles 4 and 5 of Regulation (EEC) No 565/80 by 28 February 2003 at the latest.(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, 2. On application by the exporter, and provided that he repays any refund paid in advance, the various securities pertaining to the operations shall be released for products:

HAS ADOPTED THIS REGULATION: — for which the customs export formalities had been completed but which had not yet left the Community's customs territory by 28 February 2003 at the latest, or

Article 1 — which had been placed under one of the customs control procedures referred to in Articles 4 and 5 of Regulation1. This Regulation shall apply to the products listed in (EEC) No 565/80 by 28 February 2003 at the latest.Article 1(1) of Regulations (EEC) No 2771/75 and (EEC) No2777/75. 3. When products which, by 28 February 2003 at the latest,2. This Regulation shall apply only in cases where exporters had left the Community's customs territory and for which theprove to the satisfaction of the competent authorities of the customs formalities had been completed by the same date, areMember States concerned that they were unable to export brought back and released for free circulation in the Commu-owing to measures taken in accordance with Community legis- nity, the exporter shall repay any refund paid in advance andlation or health measures taken by the authorities of the third the various securities pertaining to the operations shall becountries of destination in response to the discovery of cases of released on application by the exporter.avian influenza in the Community.

The competent authorities shall base their assessment on the

4. On application by the exporter, products which, by 28commercial documents referred to in Article 1(2) of Regulation February 2003 at the latest, had left the Community's customs(EEC) No 4045/89. territory and for which the customs formalities had been completed by the same date, may be brought back to be placed in a free zone, free warehouse or under the customs ware- Article 2 housing procedure for a maximum of 120 days before reaching their final destination. The payment of the refund for the actual final destination or the security lodged in respect of the licence1. On application by the holder, where export licences shall not be affected.issued under Regulation (EC) No 1372/95 were applied for nolater than 28 February 2003 and did not expire before 28February 2003, they shall be cancelled and the securityreleased.

2. On application by the holder, where export licences Article 4

issued under Regulation (EC) No 1371/95 were applied for nolater than 28 February 2003, their period of validity shall beextended by: 1. In respect of exports made under licences applied for by— four months for licences expiring during March 2003, 28 February 2003 at the latest, the following provisions of Regulation (EC) No 800/1999 shall not apply:— three months for licences expiring during April 2003, — Article 18(3)(a),— two months for licences expiring during May 2003,

— one month for licences expiring during June 2003. — the 20 % reduction provided for in the second indent of Article 18(3)(b),

Article 3 — the 10 % increase provided for in Article 25(1),

1. On application by the exporter, the 60-day time limit — the 15 % increase provided for in the second subparagraphwithin which products must leave the Community's customs of Article 35(1).territory referred to in Article 32(1)(b)(i) of Regulation (EC) No1291/2000 and Article 7(1) and Article 34(1) of Regulation(EC) No 800/1999 shall be extended to 150 days for products: 2. Where the right to a refund is lost, the penalty laid down— for which the customs export formalities had been in Article 51(1)(a) of Regulation (EC) No 800/1999 shall not completed by 28 February 2003 at the latest, or apply.21.5.2003 EN Official Journal of the European Union L 125/7

Article 5 For each situation indicated in Articles 2 and 3, Member States shall notify to the Commission the quanti- ties of products concerned for the previous week on Thursdays, specifying the date of issue of the licences.

Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.